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Planning permission - buying a house in Poland

Braveheart16 19 | 142  
23 Aug 2018 /  #1
I am in the process of potentially buying a house with a garden area of about 1000m2. The house is wooden, in good condition and has been fully modernised. Although all the pipe work, electrics, radiator points etc have been installed it still needs a new bathroom, kitchen, flooring etc. I am at the point of making an offer, and have asked if there is any paperwork/permission for the newly built roof, attic windows and small attic balcony.

The agent has informed me that at present there seems to be no paperwork but the owner has agreed to sort it out. However the agent has asked that in the meantime we sign the first contract and pay a small deposit, before the owner can obtain the paperwork. I think that there is likely to be a cost for the paperwork. I also think the owner just wants to make sure I am committed to the purchase before he undertakes sorting out the paperwork........Does anyone have any advice on whether to proceed or wait or whether there are any alternative proposals.
Atch 21 | 4158  
23 Aug 2018 /  #2
One alternative would be to get a solicitor to draw up a contract stating that the deposit is refundable in the event of the paperwork not being forthcoming within a specfied length of time, but enforcing the contract if it came to the crunch, might be difficult and end up costing more in legal fees etc. You could also specify that the money should be held in an escrow account though rather than being paid to the owner.

I think that there is likely to be a cost for the paperwork.

If you mean he needs the deposit to cover those costs, well my heart bleeds for him but that's his repsonsibility, not yours.

It seems odd that nothing was issued prior to the works being carried out and now it seems they are applying retrospectively, although with this being Poland, maybe not so odd! I personally wouldn't pay a deposit on such a property.
OP Braveheart16 19 | 142  
23 Aug 2018 /  #3
Thank you Atch for your helpful knowledge on this issue.....I agree that it is up to the seller to apply for the correct paperwork.....and yes I think using a solicitor is a sensible course of action or indeed an escrow account.....I thought about placing a fee with the estate agent to reserve the property, in an amount of 2000zl....I think that either the owner wants to know about my commitment to the sale or that the estate agent wants to secure a sale by pushing through signing of a first contract (there are two agencies selling the property so I guess that our agent wants to secure a sale before the other agency receives an offer from someone who is not worried about the paperwork....
delphiandomine 86 | 17823  
23 Aug 2018 /  #4
In general, if there's no paperwork, avoid it like the plague. It means that the situation hasn't been legalised, and permission might not be forthcoming. It can take a long time for such situations to be legalised, so it's likely that they're trying to get you to commit to the purchase or at least hand over some cash for whatever reason.

Steer clear.
OP Braveheart16 19 | 142  
23 Aug 2018 /  #5
Delphiandomine........Thank you for your advice on this matter...I tend to agree with your response and tempting as it is, in the future it may come back to bite me if the paperwork is not legalised and be expensive to put right if that is possible. Thanks again.
Atch 21 | 4158  
24 Aug 2018 /  #6
It's such a shame when you think you've found your dream home :( I would suggest that next time, make enquires about what work has been done on a property before you go to see it and tell the agent that you will only view the property if you see the paperwork before viewing. That way you won't fall in love with a place and have your poor little heart broken again :) Good luck with the search. Hope you find something soon.
delphiandomine 86 | 17823  
24 Aug 2018 /  #7
in the future it may come back to bite me if the paperwork is not legalised and be expensive to put right if that is possible.

What you could do - you can sign the preliminary purchase contract, but with the condition that you'll only transfer the deposit when the paperwork is complete. So, they can secure you as a buyer, but no cash changes hands until the situation is regulated. If they refuse to agree to such a condition, you'll know that there's a problem with the paperwork.

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